Belisle v. State
Decision Date | 02 March 2007 |
Docket Number | CR-02-2124. |
Citation | 11 So.3d 256 |
Parties | Rick Allen BELISLE v. STATE of Alabama. |
Court | Alabama Court of Criminal Appeals |
Linda K. McKnight, Moundville; and Charlotte Morrison and Randall L. Susskind, Montgomery, for appellant.
Troy King, atty. gen., and Margaret Mary (Missy) Fullmer, asst. atty. gen., for appellee.
The appellant, Rick Allen Belisle, was convicted of murdering Joyce Moore during the course of a robbery and a burglary, offenses defined as capital by §§ 13A-5-40(a)(2) and 13A-5-40(a)(4), Ala.Code 1975. The circuit court sentenced Belisle to death. This appeal followed.
The circuit court made the following findings of fact in its order sentencing Belisle to death:
(C.R. 506.)
The State's evidence also tended to show the following: Dr. Stephen Pustilnick, the coroner who conducted the autopsy on Moore's body, testified that she died of blunt-force trauma to the head. She sustained six blows to the front of her head and approximately eight blows to the back of her head. The blows were consistent, he said, with having been made by a flat rod or a can containing food. A six-pound can of peas was identified as one of the murder weapons.
In exchange for a 20-year sentence, Annette agreed to testify against her husband Rick Belisle. Annette testified that, before the murder, she and her husband were both out of work, had no money, and could not buy food. Approximately two weeks before the murder, she said, she and Rick discussed robbing the T & J Kwik Mart convenience store. She knew the store because she had worked there and had quit working at the store about three weeks before the murder. She said that two days in advance of the incident, she and Rick went to "case" the store. On May 19, 1999, they both went to the store and talked with Moore. She said that Rick left and came back in the store while Moore was busy with customers. Annette said that Rick never came out of the store, and that she left the store at around 10:00 p.m. and walked back to their house to wait on Rick. Rick got home, she said, at around 12:30 a.m. and told her that he had killed Moore. He told her that Moore was choking on her own blood and tried to get up, so he kept hitting her until she stopped. Rick had $898 in cash and $70 in rolled change when he came back to their house. Annette said that they flushed the coin wrappers down the toilet and put the change in a coffee can. The next day, she went to a liquor store and a grocery store and spent some of the cash. About two days after the murder, she said, they sold most of their belongings and went to Missouri, where they both had family.
Defense counsel conducted an extensive cross-examination of Annette that consisted of 353 pages of the transcript. Counsel attempted to impeach her with discrepancies in her statements to police and her trial testimony. State witnesses corroborated portions of Annette's testimony. Witnesses testified that they saw the couple at the store two different times in the two days before the murder. Another testified that on the evening of the murder he saw Annette walking down the road from the Kwik Mart with a dog. Others testified that Rick and Annette had no money and had tried to borrow money to buy food and that Annette spent large sums of money on the day after the murder. Also, with Annette's assistance, police recovered some of the items taken from the store. Coin wrappers were also recovered from the septic tank connected to the Belisle home in Boaz.
Belisle's defense was to cast the blame for the murder on Annette. The defense presented the testimony of three inmates who had been incarcerated with Annette. Kitty Hyatt, a fellow inmate at the Marshall County jail, testified that Annette told her that she was present at the murder but that she did "not do the initial act." Valeire Wheeler, an inmate at Tutwiler Prison, testified that she overheard Annette talking to another inmate about the murder, and that Annette said that she hit Moore with a can and that the man with her hit Moore with an iron bar. Juanita Pitts, another inmate at Tutwiler, testified that Annette told her that she struck the initial blow with a can and asked Rick to help her continue the attack.
The jury convicted Belisle of both counts of capital murder charged in the indictment. Belisle waived his sentencing hearing before a jury, and the circuit court ordered that a presentence report be prepared. Belisle also waived the presentation of mitigating evidence. After a hearing, the trial court sentenced Belisle to death. This appeal, which is automatic in a death case, followed. See § 13A-5-55, Ala.Code 1975.
Belisle has been sentenced to death. According to Rule 45A, Ala.R.App. P., this Court must review the record of the lower court proceedings for plain error. Rule 45A, Ala.R.App.P., states:
"In all cases in which the death penalty has been imposed, the Court of Criminal Appeals shall notice any plain error or defect in the proceedings under review, whether or not brought to the attention of the trial court, and take appropriate appellate action by reason thereof, whenever such error has or probably has adversely affected the substantial right of the appellant."
The plain-error standard of review is to be used sparingly and "`"`solely in those circumstances in which a miscarriage of justice would otherwise result.'"'" Centobie v. State, 861 So.2d 1111, 1118 (Ala.Crim. App.2001), (quoting other cases).
Belisle argues that he was denied his constitutional right to a speedy trial, in violation of Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), because of the four-year delay between his arrest and his capital-murder trial.
Moore was murdered in May 1999, Belisle was indicted and arrested in June 1999, and he was tried in July 2003. The delay between Belisle's arrest and his capital—murder trial was 49 months.
As the Alabama Supreme Court stated in Ex parte Walker, 928 So.2d 259, 263 (Ala.2005):
(Footnotes omitted.)
A. Length of delay. As the Ex parte Walker court stated concerning the length of the delay:
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